By: Moody, et al. (Senate Sponsor - Carona) H.B. No. 2187
(In the Senate - Received from the House April 27, 2009;
May 6, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 12, 2009, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 12, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2187 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of offenses involving
coercing, inducing, or soliciting membership in a criminal street
gang.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 71.022, Penal Code, is
amended to read as follows:
Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
IN A CRIMINAL STREET GANG.
SECTION 2. Section 71.022, Penal Code, is amended by adding
Subsections (a-1) and (d) to read as follows:
(a-1) A person commits an offense if, with intent to coerce,
induce, or solicit a child to actively participate in the
activities of a criminal street gang, the person:
(1) threatens the child or a member of the child's
family with imminent bodily injury; or
(2) causes bodily injury to the child or a member of
the child's family.
(d) In this section:
(1) "Child" means an individual younger than 17 years
of age.
(2) "Family" has the meaning assigned by Section
71.003, Family Code.
SECTION 3. Section 22.015, Penal Code, is repealed.
SECTION 4. (a) The change in law made by this Act in
amending Section 71.022, Penal Code, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
(b) The repeal by this Act of Section 22.015, Penal Code,
does not apply to an offense committed under that section before the
effective date of the repeal. An offense committed before the
effective date of the repeal is covered by that section as it
existed on the date on which the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this subsection, an offense is committed before the effective date
of the repeal if any element of the offense occurs before that date.
SECTION 5. This Act takes effect September 1, 2009.
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